San Antonio Weapons Charge Attorney

While Texas strongly supports the right to bear arms, the laws governing firearms are complex and aggressively enforced in the San Antonio area. With special task forces from the San Antonio Police Department (SAPD) and the Bexar County Sheriff's Office actively targeting illegal firearms, a simple misunderstanding of these intricate laws can lead to a serious criminal charge. A weapons offense threatens your freedom, your future, and your constitutional rights. At Lance Kennedy Law, we understand how quickly this can turn your life upside down. 

We want you to know that we can help.

Being accused of a firearms offense is an intimidating experience, especially when facing dedicated prosecutors at the Bexar County Justice Center or in federal court. At Lance Kennedy Law, our goal is to build a formidable and tenacious defense grounded in real-world experience. As former state and federal prosecutors, our background gives us a distinct understanding of how these cases are built and what it takes to challenge them effectively. We are committed to protecting your rights and guiding you through every step of the legal process.

If you face a state or federal weapons charge, contact our San Antonio weapons charge attorney at (737) 324-7540 for a free consultation.

Common Weapons Charges in San Antonio

In our work defending clients across Bexar County, we find that serious weapons charges often arise from everyday situations where the law is easily misunderstood. 

The most frequent accusations we see include:

• Unlawful Carrying of a Weapon (UCW). Even with Texas’s "Constitutional Carry" law, you can face this charge if you are accused of carrying a handgun in a prohibited place—like a school or certain bars—or if you are not legally eligible to carry a firearm in the first place.
• Unlawful Possession of a Firearm by a Felon. For anyone with a prior felony conviction, being found in possession of a firearm is a serious felony charge. The time that has passed since the prior conviction can significantly impact the severity of potential penalties.
• Possession of a Prohibited Weapon. You can be charged for possessing certain weapons that Texas law bans outright, such as unregistered machine guns or short-barreled shotguns. Strict state and federal regulations govern these items.
• Deadly Conduct. This charge results from an accusation that you knowingly fired a gun at or in the direction of others, or toward a home, building, or vehicle, recklessly placing people in danger.

What Is Constitutional Carry?

In 2021, Texas passed a "permitless" or "constitutional carry" law, which allows most Texans who can legally own a handgun to carry it without a License to Carry (LTC). However, this law has significant and often misunderstood limitations. It did not give everyone the right to carry a gun everywhere.

There are still strict rules regarding who can carry a handgun and where they can carry it. For example, you are prohibited from carrying a firearm if you have been convicted of a felony or a Class A misdemeanor involving family violence. Additionally, firearms are still strictly forbidden in numerous places, including schools, polling places during an election, courtrooms, airports beyond the security checkpoint, and any business that derives 51% or more of its income from alcohol sales (bars).

Consequences of a Weapons Conviction in San Antonio

The consequences of a weapons conviction extend far beyond the courtroom, creating life-altering challenges that can affect your freedom, family, and future. At Lance Kennedy Law, our primary mission is to protect you from these severe and lasting outcomes. The Bexar County District Attorney's Office prosecutes these cases seriously, and understanding the potential penalties is the first step in building your defense.

For a charge like Unlawful Carrying of a Weapon (UCW), typically a Class A Misdemeanor, a conviction can mean up to a year in the Bexar County Adult Detention Center and fines reaching $4,000. More than that, it creates a permanent criminal record that can interfere with employment opportunities and housing applications here in San Antonio.

The penalties for felony offenses escalate dramatically. A conviction for Unlawful Possession of a Firearm by a Felon is a third-degree felony, carrying a sentence of 2 to 10 years in a Texas state prison. If the offense occurs within five years of your release from custody for the prior felony, the punishment range increases to 2 to 20 years.

Perhaps the most permanent consequence is losing your constitutional right to bear arms. Any felony conviction will result in a lifetime prohibition against possessing a firearm under state and federal law. This is not a temporary suspension but a permanent forfeiture of your Second Amendment right.

When Does a Weapons Charge Become a Federal Case?

A weapons charge can escalate from a state matter to a federal prosecution, moving your case to a more formidable arena: the U.S. District Court. Federal cases operate under different laws, procedures, and sentencing guidelines, often including mandatory minimum prison sentences.

Federal prosecutors, frequently working with agencies like the ATF, can pursue charges for several offenses, including:

• Possession of a firearm by a convicted felon. This is the most common federal weapons charge. The U.S. Constitution gives federal authorities power over "interstate commerce." Since nearly every firearm is manufactured in one state and then transported across state lines to be sold in Texas, the firearm itself creates the necessary link to federal law. This single element—the gun having moved between states at any point in its history—allows the federal government to prosecute the case.
• False statements on background checks. This federal crime involves knowingly providing untrue information on the required federal form (ATF Form 4473) when trying to purchase a firearm.
• Straw purchasing. This is the illegal act of buying a firearm on behalf of another person who is legally prohibited from owning one themselves.
• Possessing a firearm with an obliterated serial number. It is a federal offense to possess a firearm that has had its manufacturer's serial number illegally removed, altered, or covered.

Our background as a firm led by a former federal prosecutor has given us direct, hands-on insight into how these high-stakes cases are prosecuted. We have seen how U.S. Attorneys and federal agents build their investigations, and we use that deep understanding of their methods to build your defense.